The usefulness of punishment: problems and solutions
Journal Title: Юридические науки и образование - Year 2016, Vol 48, Issue 48
Abstract
In order to determine the degree of implementation and effectiveness of punishment should be according to the ratio of the set purpose and received result. Here we must of course bear in mind that between the purpose set by society lies the systematic decrease of crime in the state of crime in general, in particular its serious and extremely serious types, and the reality is that there is a considerable distance which needs to be overcome. Approached this way, it is clear there is a set of interrelated circumstances that affect the efficiency of achievements. The complexity of determining the usefulness of punishment is also associated with uncertainty - of the purpose - in contrast to the result which is freely and accurately expressed in numerical terms. The measurement of the effectiveness of punishment by means of numerical indicators is impossible but should instead be based on the relative values of low-medium-maximum, worst-average-best, small-medium-large. What we propose, however, is making the distinction of four stages of the conditional efficiency of criminal punishment that depend on the outcome of the existing crime: high efficiency performance, medium efficiency, low efficiency and ineffective or zero efficiency. Talking about the futility of punishment we should not forget that its options are limited and that the outcome is influenced by numerous conditions and circumstances of the social order, including the economic and political situation in the country. If the purpose is not met, this does not imply that the means is useless but that it can be used wrongly. So it we wish to determine the degree of guilt of punishment in the ineffective confrontation of crime, let us then examine the usefulness of society in addressing the underlying causes of crime and the external conditions that are conducive to crime. First of all, it is necessary to put into effect social reforms that will create a social order—in science, education, religion, in all forms of labour and power in the different kinds of educational and cultural initiatives that mutually assist each other by internal support. This order must be the union against crime. The usefulness of punishment and thus its moral essence depends largely on the specific characteristics of each nation's psychology that has taken thousands of years to develop. Studying the psychology of a people is more desirable from a practical point of view rather than the theoretical, and so the knowledge of the psychology of his own people would appear to be the most important condition for the legislator in determining the moral principles of punishment.
Authors and Affiliations
Ilham Rahimov
Keywords
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- EP ID EP172806
- DOI 10.25108/2304-1730-1749.iolr.2016.48.129-182
- Views 99
- Downloads 0
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